• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Describe the qualification and selection of magistrates

Extracts from this document...

Introduction

Describe the qualification and selection of Magistrates (10 Marks) A Magistrate is a lay judge, with no legal qualifications, that sits in the Magistrates Court. They are part-time judges and work unpaid. To become a Magistrate the potential candidates must satisfy three requirements. The first requirement is that they must have the right personal qualities and be able to commit their time to being a Magistrate. There are six personal qualities that a Magistrate should possess. The first is that they should be of good character; this means that they should have good morals and principles, good personal integrity and be respectful. The second is that they should have good understanding and communication; this means that they should have good understanding of the law and the case as well as being able to communicate well within Court. ...read more.

Middle

The fifth is that they must be mature and of sound temperament, this means that they must be fair, human and courteous as well as being professional in Court. The sixth is that they must show commitment and reliability, this means that they must be committed to being a Magistrate for 26 half days a year. The second requirement is that they must take an oath of allegiance. You don't have to be of British Nationality but you cannot be seeking asylum is you desire to be appointed as a Magistrate. Some professions are ineligible to become Magistrates as it is seen as a conflict of interest. Ineligible professions are police, armed forces, MP's, members of the House of Lords or if any of those is the profession of your spouse/family member. ...read more.

Conclusion

There are no formal age requirements for candidates, however, they must be at least 18 and no older than 65. The selection process of Magistrates begins with the local Magistrates Court needing new Magistrates. Then the Advisory Committee will place an advert for new Magistrates in the local area. Those interested in becoming a Magistrate will download an application form from the Ministry of Justice website; they will also download the DVD. Applicants will complete the form to reflect their eligibility. The form will then be submitted and checked for eligibility. The first interview is just a general interview with the Advisory Committee during which eligibility will be checked again. The second interview will include practical examples and background checks. The Advisory Committee will make a recommendation to the Lord Chancellor, who will refer to the Secretary of State and then appoint the new Magistrate. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Legal personnel section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Legal personnel essays

  1. Marked by a teacher

    European law

    4 star(s)

    What's more, it has been recently subject of judicial activity and academic speculation. AG Jacobs in the UPA38 case proposed that there should be a redefinition of the test for 'individual concern'. This was later supported by the CFI in Jego Querre, suggesting that the rather narrow definition provided in Plaumann should be broadened and made easier to satisfy.

  2. Evaluate police powers of arrest, detention and search.

    There must be a sufficiently real and present threat to justify the extreme step of depriving a person of their liberty (who is not at that time acting unlawfully)'10 Many will scrutinise this power and argue that it interferes with there right to liberty, security and freedom of expression.

  1. Free essay

    Legal personnel

    For example in France the profession of a judge is a career path on its own; whereby the profession has its own academic route and training process. Ideally judges should have a few years of intense legal knowledge and experience of the legal system; a trustworthy background that could be

  2. Family Law

    Living apart includes a mantel element and is necessary to show that at least one of the spouses regarded the marriage as being at an end. If the parties have lived apart for a period of two years immediately before petition is given to the court and both consent to

  1. Explain the work & training of barristers & solicitors

    Pupilage places are not guaranteed, with students from the bar vocational course; only having a 50% chance of finding a pupilage. Pupils are required to take a further advocacy course before the end of pupilage, as part of the increased emphasis on practical skills.

  2. The Selection and Role of Juries

    If the courts require the juror to stand down then one of the remaining 3 jurors that was not originally selected will fill the space. Disqualification: people who had been sentenced to prison or a young offences? institute or its equivalent could be disqualified from jury service Jury challenge Once

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work